Process of U.S. seizing border land is disputed

Associated Press
Article Launched: 02/08/2008 12:00:00 AM MST

BROWNSVILLE, Texas -- An attorney for South Texas landowners asked a judge Thursday to halt the government's requests for immediate access to land for the border fence, arguing that the Department of Homeland Security is not following the law on land-seizure procedures.

The request came at a hearing on the petition for government access to the land of nine Cameron County property owners.

Peter Schey, president of the nonprofit Center for Human Rights and Constitutional Law in Los Angeles, said research showed that Department of Homeland Secretary Michael Chertoff was prosecuting cases improperly. He argued that the 1996 Illegal Immigration Reform and Immigrant Responsibility Act requires negotiations and an effort to reach a fixed contract price before eminent domain seizures, even for a temporary easement.

"We believe Secretary Chertoff has proceeded in complete disregard of federal law," Schey said

Assistant U.S. Attorney Charles Wendlandt disagreed with Schey's interpretation.

"This is the only practical way to address the practical problem for the government to get this fence built by December 2008," Wendlandt said.

The Department of Homeland Security is trying to build 370 miles of fence by the end of the year.